L.A.I. Law – How an A.I. Policy can avoid drama

02 February 2024

In an era where technology is reshaping industries, businesses are finding themselves at the crossroads of innovation and responsibility. As a forward-thinking law firm, we understand the transformative power of Generative Artificial Intelligence (A.I.) and how this can be integrated into a business and its current practices. We are also aware of the potential grey areas and pitfalls working with A.I. may have, and why it there may be a critical need for businesses to implement comprehensive A.I. policies.

In the modern world where technological advancements are driving business, a lot of businesses have taken to embracing the integration of A.I. or are looking at how this advancement can be integrated into their business. In most circumstances this adoption will be a necessity in order to increase efficiency, to pass on reduced and more balanced workloads and to keep pricing competitive.

Where a business is adopting and integrating A.I. into its work patterns, then there are risks which are associated with this and the best way to mitigate this would be to educate and provide guidance to staff as to how to use A.I., and how this use can be ethical and lawful.

The A.I. landscape is not without its challenges. These issues can range from data privacy concerns to intellectual property trepidations and even biases in algorithmic decision-making and generation. With the level of unknown as to the generation of content and the bases for this, businesses can be exposed to a myriad of legal pitfalls where they freely use A.I. without any consideration for the law or the potential issues.

If you are using A.I. to generate content, especially where this content is being used and passed onto your own clients, you need to ensure that this is rightfully owned by you and your business and is not generated based upon the work and intellectual property of other businesses; businesses who may seek to sue you on top of suing the algorithm owners directly. There is already an ongoing case between The New York Times who are taking action against Microsoft due to A.I.’s use of their copyrighted work, a case we are following closely.

Where your staff are using A.I. to be more efficient, then it is vital they are guided on the lawful ways to avoid these potential issues arising against your business.

Implementing an A.I. policy isn’t just about compliance either; it’s about building trust. Your clients may be conscious of the ethics behind use of artificial intelligence; there have been numerous examples of the damage to a brands reputation where they’ve used A.I. generation to replace artists – one of the key elements of the SAG-AFTRA and WGA strikes in 2023 were related to the potential use of generative artificial intelligence and restricting its use.

As a result it is vitally important to establish a clear framework through to ensure that whilst you are complying with legal standards, your business is also doing so ethically and in a way which protects your brand reputation.

As well as clients having concerns, your team and staff may have their own concerns over integrating A.I. into their workflow. To have in place a policy provides a structure for them to follow and be guided by which can empower your workforce have the knowledge to better use A.I. technology. By providing training and resources, your employees can confidently leverage A.I. technologies, ideally contributing to increased efficiency and job satisfaction.

As your business stands on the precipice of the A.I. revolution, we can be here to help guide you, and your business, through the legal conundrums you may have with A.I. and its use. If you would be interested in taking proactive action to ensure your business is ready to responsibly use A.I. please feel free to get in touch with us by telephone at 01273 447 065 or fill out an enquiry form.

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